Online legal advice
Thursday, January 17th, 2013
Not many people are aware of a customer’s legal “cooling off” rights. This has nothing to do with plunging them into a pool of icy water or having to take a walk around the block after losing their temper! It is more about the cold feeling that comes over an internet shopper when the eagerly awaited item arrives and it is nothing like the picture or what they were expecting. A bit like the time when I ordered what I thought was a lovely looking skirt from the Scottish Highlands. Upon its arrival, I happily put it on for a quick ‘cat walk’ before a panel of teenage offspring. One look at their faces along with stifled giggles and mutterings of “blanket with legs” reminded me that I too had cooling off rights! SO what are these rights?
Another way to cool off!
In an attempt to encourage consumers to make purchases over the internet, the law makers decided it would be a good idea to give them the right to change their mind. This gave rise to the Distance Selling Regulations which kick in automatically no matter what your terms and conditions say. Here is a snapshot of the cancellation rights in particular:
- consumer customers have 7 working days starting from the day after the goods arrive to change their mind and return the goods to the supplier;
- in the case of contracts for services, consumers have seven days from the day after the contract was concluded to cancel the contract. It is always an option to say to the customer that they can start receiving the services right away, but they must waive their cancellation rights
- the customer must tell the business in writing during that time that they wish to do so;
- the business must refund the cost of the goods and the initial postage to the customer within 30 days AND if the business has not expressly said so in its terms, the business has to pay for the return postage too
- businesses must tell customers of this cancellation right before the contract is concluded- it is no good keeping quiet and hoping that the 7 days will pass unnoticed
- there are exceptions to these rules, notably for perishable goods, customised orders made specifically for a customer, audio and downloadable products and CD’s once opened , newspapers and magazines
The Regulations require businesses to take many other steps and these will be covered in another article. Remember too that these Regulations started as a European directive and so will have been implemented across Europe. This means that if you allow consumer customers from abroad to buy your products, they too have automatic rights to cancel, with possibly more time to do so. So it is best to expressly limit sales to UK customers unless you are sure of the foreign law.
If you are worried your terms of sale do not comply with the Regulations, there are always the Terms of Online Sale available in our ‘oven ready’ document shop…
Tags: cancellation of contracts, cooling off rights, Distance Selling Regulations, return of goods
Posted in Blog, Legal advice, Online legal advice | No Comments »
Friday, July 6th, 2012
In these current difficult economic times, many small business owners are not only seeking loans from their banks, but turning to independent loan organisations. On such organisation, Wonga has recently been criticised by the Office of Fair Trading (OFT) for sending customers letters which falsely accused them of committing fraud. The customers in question had either fallen behind on repayments and entered a debt management plan; or had contacted their bank requesting a previous payment to Wonga to be retracted.
Wonga was also alleged to have customarily told customers working in the public or financial sectors that by being in debt they were breaching their terms of employment.
The OFT has told Wonga it may face a fine of up to £50,000 every time it adopts aggressive or misleading practices with its customers.
Wonga argues that the alleged incidents were few and isolated, and that procedures are now in place to ensure similar problems to do not occur in future.
If you have any queries relating to your legal rights as a customer of a loan organisation, please contact Jo Tall at jo@offtoseemylawyer.com.
Tags: Advice, Blog, customer rights, Financial Tips, funding, loans
Posted in Advice, Blog, Legal advice, News, Online legal advice | No Comments »
Monday, June 4th, 2012
As you must be aware, businesses have started to advertise their products via computer games on their websites, and also on social media websites and as downloadable content or apps on mobile devices. If you too are thinking of developing an “advergame” in order to advertise your goods or services, please note that as with any other on-line advertisement, you must abide by the CAP Code (the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing).
In 2008 for example, The Advertising Standards Agency (ASA) investigated a football game available on the free games website Mousebreaker. The game in question featured Carling lager branding, and was linked to the Carling lager website. Carling’s parent company, Coors, had paid for the link. The game, it turned out, was effectively an advert for an alcohol brand, and because over 25% of Mousebreaker’s audience is under the age of 18, it was held to breach Rule 18.15 of the CAP Code.
If you have any concerns or queries regarding the legality of your marketing strategies, please contact Jo Tall at jo@offtoseemylawyer.com.
Tags: advergames, Advertising, Legal advice, Marketing, website legality
Posted in Advertising, Advice, Legal advice, Marketing, Online legal advice | No Comments »
Monday, May 28th, 2012
There are various reasons why entrepreneurship has not traditionally thrived in Asia. Relatively speaking, US culture regards failure in business as a positive part of the learning process, and therefore Americans are more inclined to take risks. Asian culture, however, is less forgiving of failure. In addition, Hugh Mason (Chief Executive of Joyful Frog Digital Incubator (JFDI)) explains that the traditional method in Asian schools is “all about getting the right answer”, and that “being smart sometimes weighs against entrepreneurship”.
Traditionally Singapore has been considered by many in the business world as a gateway to South East Asia, as it represents a relatively small market of five million people. Investors often choose to temporarily place their money in Singapore before investing in larger markets in the region such as Indonesia, Malaysia and the Philippines. However Angel investors and venture capital funds are increasingly seeking investment opportunities in Singapore itself.
A growing number of educational institutions are running entrepreneurship programmes and providing mentoring opportunities; and the Singaporean government are actively removing regulatory barriers in a bid to encourage entrepreneurship. Ron Mahabir (found of Asia Cleantech Capital) states that “While the government has done a great job of loans and grant programmes, culturally it’s very difficult to push entrepreneurship very quickly.” Change, however, is undoubtedly underway in Singapore. In fact, according to the WorldBank, Singapore ranks at Number One in the world “for ease of doing business, and Number Four “for starting a business”.
Singapore-based JFDI is working in partnership with SingTel [a subsidiary of a major telecommunications company] to run an accelerator programme for start-ups from around Asia. This program allocates start-up teams from around the South East Asia with mentorship from experienced entrepreneurs and specialists for 100 days, after which the start-ups can pitch to investors. Wong Meng Weng (who helped start JFDI) says, “I see Singapore as the technology and start-up capital of South East Asia, not unlike the US where you recruit from around the world and get them to come into Silicon Valley”.
Tags: Advice, Asia, Blog, case study, entrepreneurship, Legal advice, Singapore, success
Posted in Advice, Blog, Female entrepreneur, Financial, Growth, Import/Export, Innovation, Legal advice, Legal News, Online legal advice, Small business | 1 Comment »
Tuesday, May 22nd, 2012
Founded by husband and wife Juliette and Russel Joffe in 1998, the restaurant chain Giraffe has not only thrived throughout recent economic crises; rather, Mr Joffe insists the recession “has been positive for us”. He states, “It has enabled us to review our strategy. This is an opportune time to review your business – and aspects that you might forget in good times.”
The Joffes’ advice for not only surviving but possibly benefiting from times of austerity, are as follows:
Get best supply prices:
“We have gone back to some of our original mission statements; reviewing our staffing, talking to suppliers to get the best prices”
Run a tight ship, but don’t let this compromise the quality of your products or services:
“We don’t cut corners or cut costs. Everyone has to run a tighter business today. The ones that cut corners and costs are the ones that will suffer long-term because standards of service will decline. You need to keep the investment and innovation going. It is important that people see you moving forward rather than stagnating.”
Give customers a good deal:
“We have also been offering vouchers and deals. It’s the norm today. When people go out to eat, they think: ‘Where is there a voucher?’ We have been focusing on our service and offering customers the best value for money that we can”
“We are producing a better bottom-line profit by running a better business. We haven’t let go of any staff as such, just increased sales and not overheads.”
Tags: Advice, Blog, case study, entrepreneurship, Female entrepreneur, Financial Tips, Legal advice, Small business, story, success story
Posted in Advice, Blog, Female entrepreneur, Growth, Innovation, Legal advice, Legal News, Online legal advice, Small business | No Comments »
Monday, May 21st, 2012
As many of Off To See My Lawyer clients are running businesses related to the health industry, we thought you may be interested to hear the outcome of a particular recent Advertising Standards Agency enquiry. Six complaints were made about the claims of Miruji Health & Wellbeing’s product “Sit & Slim”. Miruji Health & Wellbeing had made claims in an advertisement in the local press, and on their website, that their “slimming and therapeutic massage chair and programme” had been clinically proven by the NHS to induce weight loss, relieve stress, and lower blood pressure. It even went on to say that the chair could provide a solution to obesity.
The ASA established that there had in fact been no formal NHS clinical research. A casual study had taken place at a mental health hospital among staff participating in a free trial. The hospital in question did not treat obesity. Therefore this aspect of the advertising claims being made by Miruji Health & Wellbeing was a misleading endorsement, and as such held to breach two of the CAP Codes.
With regards the claims that the chair could treat high blood pressure, the ASA considered that high blood pressure is “a medical condition for which advice, guidance and treatment should only be conducted under the supervision of a suitably qualified health professional”. The advertisements therefore also breached one of the CAP Codes (- in this case, the “Medicines, medical devices, health-related products and beauty products” rule).
On the subject of obesity treatment, and the claims that customers could lose weight using the chair and programme alone – the advertisements were held to have breached the CAP Code relating to “weight control and slimming”.
If you have any concerns about the legality of your own advertisements or the claims you make in your promotional material, please contact Jo Tall via jo@offtoseemylawyer.com and she will provide you with appropriate advice relating to the CAP Codes, and any other legal issues that require consideration.
Tags: Advertising, Advice, Entrepreneurs Business Academy, Events, Legal advice, Marketing, Promotional material, website legality
Posted in Advertising, Advice, Blog, Hot tips, Legal advice, Legal News, Marketing, Online legal advice, Promotional material | No Comments »
Wednesday, May 16th, 2012
The test for a true entrepreneur is to see whether the person in question has turned an adverse situation into a successful enterprise.
When Gennese Williams lost the sight of both her eyes in 2007, she decided she could no longer work for anyone again. Far from burning her bridges, however, she built upon her existing experience in beauty, music and management to start her own business, MGW London. She merrily believes in the mantras, “What you think you are worthy of, is what you will attract”; and “You change your reality when you change your mentality”. In addition, when times are especially difficult, she recommends taking a break and “switching off from everyone” in order to recharge one’s motivation and creativity.
MGW London is an ambitious management and business consultancy agency. In addition it has its own in-house production, make up, hair stylists and fashion stylists’ team, and a graphic design team (run by her brother); and together they provide a range of services to manage events, projects and brands.
Ms Williams says that the most effective way of attracting clients is by word of mouth and personal recommendations. In addition she favours social media as it gives prospective clients “the freedom to check me out before they approach us”.
Her advice to other business owners is to remain dedicated to clients; to “be professional at all times, master your craft and listen to your clients’ needs”; and to “always be steps ahead to achieve the best and don’t sleep until you know the job is complete for that day”.
Tags: Advice, Blog, entrepreneurship, Female entrepreneur, Legal advice, Marketing, Small business, social media, success story
Posted in Blog, Female entrepreneur, Financial, Hot tips, Legal advice, Legal News, News, Online legal advice, Small business | No Comments »
Tuesday, May 15th, 2012
If you have any misgivings about whether you can afford to start up and run a business, Jo Tall will happily meet you for a preliminary consultation. Off To See My Lawyer are proud to have successfully helped launch many small businesses – but equally we take pride in our honest and realistic advice. If we consider that you will be taking too many risks (– financial or otherwise) we will let you know.
Here is a non-exhaustive checklist to help you assess whether you can afford to start a new business:
- Off To See My Lawyer provide an extremely cost effective service, but please consider whether you are able to afford legal advice.
- You may wish to pay for other professional advice, such as from an accountant, or a web designer, and/or advice from PR experts.
- You may require professional assistance in order to draft your initial business plan, and/or business plan software.
- Most banks incur a small fee in order to open a business account.
- As you would expect, there are fees incurred for incorporating a business into a company; for registering a trade mark; for registering yourself as a data controller; etc. And you may need to purchase certain licenses and permits in order to run your particular business.
- You may wish to insure your business or assets. Premium rates are variable.
- If you wish to rent or buy the premises from which you will run your business, you will need to consider these costs – as well as utilities bills.
- The costs involved in promoting your business will add up. For example – stationery and printing; professional branding/advertising advice; etc.
- Machinery and equipment, and IT systems are pricey but necessary assets.
- It very much depends on the type of business you are running – but you may need to pay for materials from which to manufacture your products, or stock for wholesale.
- Of course, once your business is up and running, you cannot pocket every incoming penny, as there are various taxes to be paid!
While the intended outcome of employing staff is to increase your profits, employees add to your list of burdens and liabilities. You will need to draft contracts of employment, deal with relevant taxation issues, invest in time (and perhaps money) in training your staff, etc.
Tags: Advice, affordable, Blog, costs, entrepreneurship, Female entrepreneur, female entrepreneurs, Financial Tips, funding, Legal advice, off to see my lawyer, Small business, tips
Posted in Advice, Blog, Financial, Hot tips, Legal advice, Legal News, Online legal advice, Small business | No Comments »
Tuesday, May 1st, 2012
Who should London entrepreneurs vote for?
Is it possible that the Mayor of London could help the cause of small businesses and entrepreneurs? Some of the mayoral candidates hoping to be elected on 3rd May seem to think so, based upon the pledges they make in their manifestos. So, how do their various manifesto promises compare?
Boris Johnson (of the Conservative Party) lists “Growing the London Economy” as one of his pledges. He insists that London has already succeeded in its relative resilience against the economic downturn. He suggests that his priority is to boost the economic well-being of the city – by stating his intent to continue his current endeavours to direct funds and tax money according to Londoners’ wishes; to secure record funding from No. 10; and not to waste money on bureaucracy at City Hall. Johnson appears to suggest that his aim is to boost the general economic well-being of the city rather than directly helping businesses within it.
Ken Livingstone (of the Labour Party) makes no direct promises in relation to the economy, nor to assisting small businesses. Rather, his emphasis is on increasing funds for education, in order to increase young people’s prospects of employment. He pledges a commitment to “restoring a London-wide Educational Maintenance Allowance of up to £30 per week in term by bringing together existing funds in colleges, universities, and local authorities.”
Brian Paddick (of the London Liberal Democrats) states, “We will establish a London Small Business Fund. We will work with socially responsible banks, so all viable small enterprises get the finance they need with mentoring support and advice too.” This promise comes under the heading of his ambitiously entitled “Jobs and Opportunities for All” pledge, which is mainly focused on improving employment prospects for youths. He promises a “London Youth Contract” to assist Londoners up to the age of 25 to attain work experience leading to a job; a new “Adult Skills” initiative; a fund to facilitate youth opportunities in needy areas gained via a voluntary £1 a night luxury hotel bedroom levy; the creation of “Youth Hubs” to provide advice, support and socialising opportunities for young people; and an enhanced careers advice service in schools.
Jenny Jones (of the Green Party) is the only candidate who explicitly pledges to help the plight of small businesses as “an absolute priority for City Hall”, as set out in her 10-point “Small Business Manifesto”. She pledges to:
- Support a renaissance of micro, small and medium-sized businesses
- Use the Greater London Authority budget to support small businesses
- Protect and re-develop the traditional “high street”
- Prevent chain stores taking over independent shops
- Encourage Londoners to “buy local”
- Ensure public sector contracts go to small businesses
- Maintain the CompeteFor system
- Ensure small and local businesses aren’t disadvantaged by congestion and parking
- Only work with banks that lend to small business
- Increase small business representation in the community
Carlos Cortiglia (of the British National Party) does not appear to have a website stating his manifesto for London Mayor. A Uraguayan national who has been living in the UK since 1989, he says he is “astonished” by the “hostility shown by many of the migrants towards the British and their way of life”, and emphasises, “I want to help preserve the freedoms, values and traditions that help make this a great country to live in.” He appears to make no promises in relation to boosting London’s economy or helping small businesses.
Lawrence James Webb (of Fresh Choice of London) is affiliated with the UK Independence Party. Of his various manifesto pledges, those of relevance to small businesses include: cutting rates for “local businesses employing local people”; “saying ‘No’ to open-door immigration” in order to “create more jobs for Londoners”; and fighting any “EU red tape strangling London businesses”.
Siobhan Benita talks at length of her intentions to “create jobs and boost economic growth” in her Manifesto. With regards London’s budget she promises to establish an “Independent Office for Budget Responsibility”. For jobseekers she proposes free travel, and reduced fares for low earners. For youths she pledges her commitment to working “with councils and businesses to ensure apprenticeships effectively deliver real employment and career prospects”, and working “with businesses, schools and colleges to improve pre-apprenticeship training”. Of greater interest to Off To See My Lawyer clients, she states that she “will work with landlords to make better use of empty commercial property, including temporary use for community projects and for entrepreneurs to trial their ideas, negotiating Business Rate discounts and exemptions for innovative new businesses… My initial priorities will be the support of the creative industries and the life sciences sector.”
Tags: Blog, female entrepreneurs, funding, Legal advice, Manifesto, Mayoral Candidates, Pledges, Small business, story
Posted in Blog, Female entrepreneur, Financial, Legal advice, Legal News, News, Online legal advice, Small business | No Comments »
Wednesday, April 25th, 2012
On 29 March of this year, Sarah Cressall was announced as “Woman Franchisor of the Year” at the 2011 Encouraging Women Into Franchising Awards.
Sarah Cresswell is a true inspiration for female entrepreneurs for so many different reasons. In 2002 she came up with the idea of setting up The Creation Station, aimed at nurturing children’s creativity through fun arts and crafts activities with their parents/carers, and in such a way that minimises any stress or burden for the parents/carers. Since 2002 Ms Cresswell has successfully overcome various obstacles (such as suppliers going bust) in order to develop her business into what it is today. In an interview last year she stated, “You can either look at things as challenges or opportunities”.
While we commend Ms Cresswell for successfully setting up and running her own business, Off To See My Lawyer is especially impressed by the nature of her work. She explains, “We run different types of workshops… We also run art and craft birthday parties, events for organisations like the brownies, events and fetes for charities.”
While offering valuable services for parents bringing up their children, The Creation Station is now a franchise which offers parents the opportunity to become franchisees of the business and generate their own income. Ms Cresswell says, “It’s designed specifically for mothers. It’s flexible. There are some mothers with six-month-olds who do two mornings and others whose children have started school and may want to work four or five mornings. The business allows time for family life. As they grow and get more confident, franchisees can employ people to run the business.” Franchisees are given assistance and training to help them run their business, and are supplied with arts and crafts materials, session plans (based on government educational guidelines), a uniform, an admin pack, a web page and materials such as bags and stationery.
If you have an existing business which you wish to develop and expand into a franchise, please consult Jo Tall at jo@offtoseemylawyer.com. Off To See My Lawyer does not only deal with start-ups! Similarly if you are thinking of becoming a franchisee and need legal advice, Jo will be only too happy to assist.
Tags: Blog, entrepreneurship, Female entrepreneur, Franchise, Legal advice, Small business, story, success story
Posted in Blog, Events, Female entrepreneur, Financial, Hot tips, Legal advice, Legal News, Online legal advice, Small business | No Comments »
